TBA Law Blog


Posted by: Jonathan Steen on Jan 1, 2015

Journal Issue Date: Jan 2015

Journal Name: January 2015 - Vol. 51, No. 1

Happy New Year! 2015 is starting out with a lot of exciting events and opportunities ahead. The Tennessee Bar Journal – the award-winning flagship publication of the TBA – turns 50 this year. Our annual Leadership Conference will be held this month, bringing together bar leaders and celebrating the outstanding work of members of our access to justice community at the Public Service Luncheon. The New Year is also a time for looking ahead and planning, and for many people, including me, a time to make New Year’s resolutions.

My children asked me about my New Year’s resolutions this year and teased me about whether I would be breaking the same resolutions as last year — eating a healthier diet, getting more sleep and exercising regularly. I had to admit that those goals were perennial resolutions that had met with mixed results for the last several years and were again on the list for 2015. But this year I also plan to make working toward access to justice for everyone in Tennessee one of the New Year’s resolutions that I intend to keep.

We rely on our courts to secure the rule of law. But, too often, people of limited means do not have meaningful access to civil justice. They cannot get into court, receive attention from a court, or obtain essential representation needed to secure a just result. In civil cases, the majority of the legal needs of the poor are unmet. As a result, people who cannot afford an attorney are left to handle a variety of legal issues on their own.

In Tennessee, more than 18 percent of our state’s residents live below the federal poverty level and though the national trend is shifting towards fewer families living in poverty, the rates continue to increase in our state. Even though many of these families may be eligible for assistance from legal aid organizations, the need just cannot be met.

Our Tennessee Supreme Court has recognized this growing problem and made access to justice its number one strategic priority in 2008. In 2009 the Court formed the Access to Justice Commission and charged the commission to develop a strategic plan for improving access to justice in Tennessee. The court has continued its commitment to access to justice, and the Access to Justice Commission om early 2014 released its updated strategic plan for the next two years.

Access to justice is not just a problem for the courts, legal aid societies or public service organizations. It is a real, continuing problem for all of us if we are to preserve public confidence in the courts and our form of government. Judge Learned Hand said in 1951, “If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice.” His words are just as true today.

The TBA plays an active role in promoting access to justice through the work of our Access to Justice Committee. The TBA’s ATJ Committee serves as a nexus for projects and events related to pro bono and public service work across the state. Much of the work of the ATJ Committee is done in collaboration with the Tennessee Supreme Court’s Access to Justice Commission, our state’s legal services providers and other individuals and organizations concerned about the justice gap for those who are unable to afford legal representation.

There are many ways we can help improve access to justice in Tennessee. Providing pro bono legal services to those unable to afford legal services, financial support to legal service organizations and advocacy for access to justice program funding are just a few ways we can directly improve access to justice in Tennessee. There are a number of models for providing pro bono legal services that range from full to limited scope representation.

One of the easiest ways to provide pro bono legal services is through Online Tennessee Justice (OTJ), a web-based resource, www.OnlineTNJustice.org. OTJ allows users to post legal questions and receive answers from volunteer attorneys through a secure online messaging service. A joint project of the TBA and the Tennessee Alliance for Legal Services, nearly 450 volunteer attorneys have signed up to provide free legal advice via OTJ, responding to more than 7,500 questions from low-income clients since the service launched in 2011.

Online Tennessee Justice eliminates barriers such as geographic location, work schedule and family obligations that keep those in need from receiving free legal help. It also expands access to free assistance for people in rural areas of the state and provides an alternative source of assistance for those who are turned away from legal aid offices because they do not qualify or because the local agency lacks the resources to handle the case. People seeking legal assistance through Online Tennessee Justice are pre-screened for eligibility to receive free legal services, and attorneys may browse the questions posted and answer those they feel comfortable answering. A major advantage of the system is that attorneys can answer questions during times that may otherwise be unproductive such as sitting in an airport or waiting in court.

Another innovative legal assistance program that offers remarkable opportunities for pro bono service is the Medical-Legal Partnership (MLP), which engages professionals from both fields to create more comprehensive and responsive health care teams. Volunteer attorneys have a central role in helping to identify and resolve legal issues that have a detrimental effect on patients’ health and well-being. Learn more about MLPs in this month's cover story.

In addition, there are many opportunities for attorneys to volunteer their time and talents in pro bono work through agencies and organizations across Tennessee that actively use volunteer attorneys to help provide legal services for those in need. A list of agencies and organizations providing volunteer opportunities can be found at https://www.tba.org/resource/i-want-to-do-pro-bono.

Many of us enjoy pro bono work because of the gratification we feel in helping another human being who is facing legal problems without any means to obtain legal services. But over the years I have found that in addition to the satisfaction that comes from helping someone, I learn lessons and gain practical skills that benefit me in my practice.

So this year I am renewing my commitment to access to justice and will make sure I take advantage of opportunities to help make access to justice a reality for everyone. I challenge each of you also to resolve this year to make access to justice a priority in your New Year.


Jonathan SteenTennessee Bar Association President JONATHAN O. STEEN is a civil trial lawyer with Redding, Steen & Staton PC in Jackson. He is a past president of the TBA Young Lawyers Division.